The Administrative Lawsuit Procuratorial Supervisionand Empirical Research

As the number of administrative litigation increasing of our country,the scope of administrative litigation widening,both based on the theory of separation of powers,and realizes the right remedy and safeguard,or on the development of the society under the rule of law in our country,procuratorial organs legal supervision function,strengthen the procuratorial supervision of administrative litigation is more and more necessary and important.Base on the analysis of the Inner Mongolia autonomous region administrative trial and civil procuratorial supervision of administrative litigation,it is easy to find the current problems,main points are,in the national law,procuratorial supervision on administrative litigation law is too abstract,principle,and no sole standard could formed,even if a specific implementation rules,also limited to the internal rules,each system between the various systems of the lack of binding together.On the concrete practice level,the court ruled that the cancellation,administrative cases which were not executed is higher,the procuratorial organs by court reversed a ratio is higher,after administrative litigation cases accounted were less,less procuratorial supervision of administrative litigation cases.On the theoretical research level,deep research was not enough,combining with autonomous region advantage is not tight,number of sources is not wide.In terms of systems and mechanisms,the procuratorial organs civil administrative offices set up,monitor scope broad enough,need to expand the supervision way,administrative litigation professional personnel training does not reach the designated level,also influencing the full play of the procuratorial supervision function of administrative litigation.We can push the procuratorial supervision of administrative litigation constantly from the following three aspects.First strengthening procuratorial supervision of administrative litigation theory research work,expand the basic principle,perfect the institutional system,to perfect the system of administrative litigation theory of procuratorial supervision system.Second increase the administrative law enforcement by improving the activities of supervision and intensify procuratorial organs internal integration of unity,strengthen effective supervision by the department of legal supervision,intensify coordination with administrative judicial system linkage,solve the procuratorial supervision of administrative litigation of realistic problems hardly.Third dedicated team of legal supervision,establish a administrative lawsuit procuratorial supervision as the center of the supervision system,by establishing across administrative division,to explore the construct new ideas across administrative procuratorial supervision.